SURJEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order shall dispose of Civil Revision Nos. 2618 and 2619 of 2004. These petitions under Article 227 of the Constitution of India have been filed by the petitioners for setting aside the order dated 17.2.2004 passed by the Additional District Judge, Bathinda, whereby their execution applications filed under Order 21 Rule 11(2) read with Section 151 CPC, have been dismissed being barred by limitation.

(2.) THE brief facts of the case are that the Union of India acquired big chunk of lands in a compact block, including the land of the petitioners, in the revenue estates of villages Bhagu, Mehna, Bhucho Khurd and Bucho Kalan under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') in the year 1979 for a public purpose, i.e., for establishing the Bathinda Cantonment. The Special Land Acquisition Collector vide its award dated 27.5.1982, awarded compensation at different rates for different kinds of lands. The land owners, including the petitioners, feeling dissatisfied with the said award, sought references under Section 18 of the Act, which were disposed of by the Additional District Judge, Bathinda, and the amount of compensation was enhanced. Against the said judgment, the land owners, including the petitioners, filed Regular First Appeals in the High Court. The learned Single Judge by a common judgment further enhanced the amount of compensation. Still feeling dissatisfied with the judgment/award of the Single Judge of the High Court, the land-owners, including the petitioners, filed L.P.A No. 1251 of 1987. A Letters Patent Bench of this Court vide judgment/award dated 30.1.1989 further enhanced the amount of compensation. For the land within the abadi and abutting the National Highway on either side up to the depth of 500 metres, the compensation has been awarded @ Rs. 90,000/- per acre, for Chahi Nehri land, the compensation has been awarded @ Rs. 50,000/- per acre, for Berani land, the compensation has been awarded @ Rs. 38,000/- per acre and for Banjar Kadim, the compensation has been awarded @ Rs. 30,000/- per acre. The claimants/land owners were further held entitled for the statutory benefit as per the Central Amendment Act (Act No. 68 of 1984) as well as the proportionate costs. Against the order dated 30.1.1989 passed by the Letters Patent Bench, the petitioners filed Special Leave Petitions in the Supreme Court which were dismissed in limine on 5.9.1995.

(3.) LEARNED counsel for the petitioners argued that the Executing Court has illegally and arbitrarily dismissed the execution applications of the petitioners in gross violation of various provisions of the law by passing a wholly non-speaking order. He submitted that under the Act, it is statutory obligation of the respondent to pay the enhanced amount of compensation to the petitioners, therefore, the legitimate claim of the petitioners cannot be defeated on the ground of limitation, and the Government and its officials should not be permitted to take the plea of limitation just to deprive the legal claim of the land owners.